31978R1386

24 . 6 . 78 No L 167/33 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1386/78 of 23 June 1978 opening an invitation to tender for the mobilization of common wheat as food aid for the People's Republic of Mozambique

THE COMMISSION OF THE EUROPEAN Whereas provisions should be made for security to be COMMUNITIES, given for the purpose of guaranteeing that the obliga­ tions arising by virtue of participation in the invita­ tion to tender for supplies to the People's Republic of Having regard to the Treaty establishing the European Mozambique will be fulfilled ; Economic Community,

Whereas the French intervention agency should be Having regard to Council Regulation (EEC) No made responsible for the tendering procedure in ques­ 2727/75 of 29 October 1975 on the common organiza­ tion ; tion of the market in cereals ( !), as last amended by Regulation (EEC) No 11 25/78 (2), Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation Having regard to Council Regulation (EEC) No and of those accepted by the intervention agency ; 2750/75 of 29 October 1975 laying down the condi­ tions for the mobilization of cereals as food aid (3), and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof, whereas, in view of the urgency, the measures envis­ aged should be adopted in accordance with the condi­ Whereas on 30 January 1978 the Council of the Euro­ tions laid down in Article 3 (2) of Council Regulation No 129 on the value of the unit of account and the pean Communities declared that by way of Commu­ nity action it proposed to grant the People's Republic exchange rates to be applied for the purposes of the of Mozambique 25 000 tonnes of common wheat common agricultural policy (4), as last amended by under its 1976/77 and 1977/78 food-aid programme ; Regulation (EEC) No 2543/73 (5), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula­ Whereas the measures provided for "in this Regulation tion (EEC) No 2750/75 the goods may be purchased are in accordance with the opinion of the Manage­ anywhere on the Community market ; ment Committee for Cereals,

Whereas the proposed invitation to tender should be for supply of the products placed on the quay at the port of unloading ; HAS ADOPTED THIS REGULATION :

Whereas tenders may be submitted by tenders esta­ blished in any Member State of the Community and Article 1 may relate to products mobilized anywhere within those Member States ; whereas, in view of the currency 1 . Tenders are hereby invited for the supply to the situation in the Member States and in order to ensure People's Republic of Mozambique by way of Commu­ that the tenders are as comparable as possible, account nity food-aid action of 25 000 tonnes of common should be taken of the effect on each tender of the wheat . v currency situation in the Member State in which the customs export formalities will be completed ; 2. The tendering procedure shall take place in France in two lots. The product shall be mobilized on Whereas the award under the invitation to tender the Community market. The product shall be loaded must be made in favour of the tenderer offering the for the departure from any Community port. best terms ; 3 . The invitation to tender provided for in para­ graph 1 is for supply of products delivered on the Whereas, should force majeure make it impossible to quay in one of the ports of unloading listed in the complete the operation in question within the set Annex . time limits, it should be made clear who is to bear the liability for any resulting costs ; 4. The product shall be delivered in bulk . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 142, 30 . 5. 1978 , p. 21 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/62. (3 OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No L 263, 19 . 9 . 1973 , p. 1 .

No L 167/ 34 24 . 6 . 78 Official Journal of the European Communities

Article2¶

1 . The decision on tenders received in response to — in the case of all tenderers whose tenders are the invitation provided for in Article 1 shall be taken unsuccessful or are not accepted, on 7 July 1978 . — in the case of the successful tenderer, when the 2. The closing date for submission of tenders shall operations concerned have been carried out within be 7 July 1978 , at 12 noon . the prescribed time limit and on submission of 3 . The notice of invitation to tender shall be the original export licence duly granted and endorsed by the competent authorities of the published in the Official Journal of the European Member State mentioned in the tender pursuant Communities not less than nine days before the to Article 3 (2), closing date for submission of tenders. — in the case of the successful tenderer for quantities Article 3 not supplies by reason of force majeure.

1 . The prices offered must be expressed in the 2. The security required under paragraph 1 may be currency of the Member State in which the invitation provided in the form of a cash deposit or of a to tender was issued . guarantee issued by a credit institution conforming to 2. Tenders must in particular mention the Member criteria laid down by each Member State. State in which the tenderer, in the event of his being declared successful, expects to complete the customs Article 6 export formalities for the products concerned. The common wheat referred to in Article 1 to be 3 . For the purpose of rendering the tenders compar­ able, the prices shall, where appropriate, be corrected supplied to the People's Republic of Mozambique by the monetary compensatory amount applicable on must be of fair and sound merchantable quality and the closing date for submission of tenders to exports correspond at least to the standard quality for which from the Member State mentioned in the tender the intervention price is fixed, except that the mois­ ture content shall not exceed 14 % and that a pursuant to paragraph 2. maximum of 3 % of sprouted grains and 1 -5 % of Such correction shall be made by : miscellaneous impurities shall be allowed. — increasing prices which mention a Member State whose currency has depreciated, Article 7 — reducing prices which mention a Member State whose currency has been revalued. 1 . The French intervention agency shall be respon­ Such monetary compensatory amount shall , where sible for organizing the invitation to tender provided appropriate, be converted into the currency of the for by this Regulation . Member State in which the invitation to tender is 2. It shall forthwith communicate to the Commis­ issued using : — in the case when the currencies concerned are sion the list of firms which have responded to the invi­ tation to tender, specifying the terms of each tender, kept at any given moment within a band of together with the name and business name of the 2-25 % , a conversion rate resulting from their successful tenderer. central rate , — in other cases, the average of the spot rates of the 3. Where the customs export formalities for the currencies concerned recorded in the Member mobilized product are completed in a Member State State in which the invitation to tender is issued other than that in which the invitation to tender is during a period from the Wednesday of one week issued, the intervention agency of the latter Member to the Tuesday of the following week being the State shall be responsible for the operations following period immediately preceding the closing date for tendering, including payment to the successful submission of tenders . tenderer . Article 4 In such case, the intervention agency choosing the The contract shall be awarded to the tenderer offering successful tenderer shall immediately inform the inter­ the best terms, taking into consideration the adjust­ vention agency of the Member State concerned and ment referred to in Article 3 (3). shall supply it with all the information which it may require. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven­ Furthermore , the amount of the successful tender tion agency may cancel the invitation to tender. shall be paid after it has been converted using the average of the spot rates referred to in the second Article 5 subparagraph of Article 3 (3) to the tenderer in the 1 . The tenderer shall give security in an amount of currency of the Member State in which the operations five units of account per tonne of goods. relating to the tendering are completed.

24. 6 . 78 No L 167/35 Official Journal of the European Communities

4. The intervention agency shall request the shall send as soon as possible to the latter the informa­ successful tenderer to supply the folllowing informa­ tion necessary for releasing the security. tion : Article 8 (a) after each shipment a certificate showing the quan­ tities dispatched and the quality of the products ; As regard this tender, the intervention agency is autho­ (b) the date of departure of the ships ; rized to make an initial payment of 80 % of the value (c) all possible contingencies which might occur of the quantity given in the bill of lading, on presenta­ during transportation of the products. tion of that document and subject to the taking of a security for an amount equal to the initial payment. The information indicated above shall be forwarded by the intervention agency to the Commission imme­ Article 9 diately upon receipt. 5. When the intervention agency responsible for This Regulation shall enter into force on the day of its the operations relating to tendering is not the interven­ publication in the Official Journal of the European Communities. tion agency which appoints the successful tenderer, it

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 23 June 1978 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Number Port of unloading Minimum rate of unloading Tonnage cif of lot

1 15 000 Maputo 2 Beira 10 000 | Customs of the port